May 9, 2022 BOA Agenda Packet - Laserfiche WebLink

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BK 6730 PG 1354 DOC# 30050979 47 10. Termination. This Agreement shall terminate, or may be terminated in the following instances. a. If Grantee breaches any provision of this Agreement then Grantor may terminate this Agreement with written notice to Grantee, provided that Grantee shall have the right to cure the breach within 180 days of written notice. b. If Grantee removes or reduces the size of any Permitted Encroachment it shall not be entitled to restore or expand the Permitted Encroachment to its original size as shown on the Plat. If the Permitted Encroachment is removed in full then this Agreement shall automatically terminate. Should the Permitted Encroachment no longer be required for the home on the property (including but not limited to the home being removed, public sewer becoming available, or an alternate location for the Permitted Encroachment becoming available outside of the Easement Area), this Agreement shall be terminable by Duke Energy upon ninety (90) days written notice of Duke Energy's desire to terminate. This subsection shall not be construed to limit Grantee's ability to repair or replace any component of the Permitted Encroachment consistent with or pursuant to Orange County Health Department regulations. 11. Recitals. The recitals set forth at the opening of this Agreement are incorporated herein as if fully restated in this Section 11. 12. Law and Venue. This Agreement shall be governed by the laws of the state of North Carolina without regard to the conflicts of law provisions therein. The parties agree that the proper venue for any dispute related to this agreement are the state or federal courts located in Mecklenburg County, and the parties hereby submit to the jurisdiction thereof. 13. Entire Agreement. This Agreement contains the complete understanding of the parties and shall supersede any prior and contemporaneous communications, agreements, and assurances related to the subject matter of this Agreement. Any modification of this Agreement must be agreed to in writing and signed by the parties. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together shall constitute but one and the same Agreement. 14. No Waiver. The failure of Grantor in any one or more instances to insist upon compliance with any provision or covenant herein or to exercise any right or privilege herein shall not constitute or be construed as a waiver of such or any similar provision or covenant. 15. Severability. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms of this Agreement shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. 4 Rev.2019